Stop the Counter Extremism Bill
Action Date:
A Counter Extremism and Safeguarding Bill was announced in the Queen's Speech on 18 May 2016. This is the Government's second attempt to introduce such legislation. The announcement of a Counter Extremism Bill in the Queen's Speech in 2015 led nowhere, presumably because of difficulties in devising a legally workable definition of "extremism". No draft of the Bill was ever published.
The Government's latest proposals are outlined in its background notes to the Queen's Speech. It looks as if the proposed legislation will build on, and extend, the Islamophobic ideas behind the Prevent strategy and add draconian new powers.
Crucially, the background notes say "the position in Scotland is yet to be finalised." The proposed powers, apart from a plan to censor internet-streamed TV from outside the EU, appear to fall outside the areas reserved to the Westminster government and would therefore require the consent of the Scottish Parliament.
The Scottish Government and the people of Scotland need to make it clear that this legislation isn't welcome here. In doing so, we will strengthen the UK-wide opposition to the Bill.
Take Action
- Please contact your Westminter MP to urge them to oppose any legislation along the lines outlined in the background notes to the Queen's Speech.
- Please contact your Holyrood MSPs and ask them to urge the Scottish Government to:
- Tell the UK Government that it believes the main powers proposed under the Counter Extremism and Safeguarding Bill (with the exception of the powers relating to OFCOM) fall wholly or largely outside the scope of the powers reserved to Westminster under the Scotland Act, and cannot be imposed on Scotland without the consent of the Scottish Parliament;
- Tell the UK Government that it would be opposed to consent being granted by the Scottish Parliament;
- Tell the UK Government that it would use all the powers available to it to stop anything along the lines of the proposed Counter Extremism and Safeguarding Bill being imposed on Scotland.
You can contact your MP and MSPs using www.writetothem.com
Why the Counter Extremism and Safeguarding Bill is Wrong
The proposals are built on the same flawed assumptions as the Prevent programme. They are islamophobic, divisive and will undermine civil society's capacity to oppose unjust wars and racist government policies.
The background notes to the Queen's Speech outline the following specific measures:
- "a new civil order regime to restrict extremist activity". This looks like an attempt to introduce ASBOs for political "crime", bypassing the formalities of criminal law.
- "powers to intervene in intensive unregulated education settings which teach hate and drive communities apart and through stronger powers for the Disclosure and Barring Service." This looks like an attempt to create new powers over madrassas and similar institutions, coupled with an attempt to extend the Disclosure and Barring Service to political matters.
- "close loopholes so that Ofcom can continue to protect consumers who watch internet-streamed television content from outside the EU on Freeview." Despite the Orwellian claim that the aim is to "protect consumers", this is clearly an attempt at censorship.
Why Scotland Has the Right to Say No
- The proposal to extend OFCOM powers appears to fall within the powers reserved to Westminster under Section C10 Telecommunications and wireless telegraphy of Schedule 5 of the Scotland Act 1998. To say no to this proposal, we need to urge MPs to vote against it at Westminster.
- Like the proposal for a British Bill of Rights, the Counter Extremism and Safeguarding Bill is grouped under the heading "Strengthening our National Security" in the Government's background notes to the Queen's Speech. But it does not appear to fall under any reasonable interpretation of Section B8 National security, interception of communications, official secrets and terrorism of Schedule 5 of the Scotland Act 1998.
- Under Schedule 5, Section B8 "Special powers, and other special provisions, for dealing with terrorism" are reserved to Westminster. But the proposals for the Counter Extremism and Safeguarding Bill deal with matters that fall outside the definition of terrorism in UK law.
- Under Schedule 5, Section B8 "National Security" is listed as a reserved matter, separately from anti-terrorism measures and the other specific matters listed in the section. National Security is a notoriously broad concept and is not defined in British law. Activities of MI5, MI6 and GCHQ fairly obviously fall under this heading. The armed forces and crimes of treason might also be thought to be covered, but are in any case dealt with separately by the Scotland Act as general reservations under Part 1 of Schedule 5. Including the measures proposed for the Counter Extremism and Safeguarding Bill would stretch the elastic notion of national security well beyond breaking point. It might be argued that "radicalisation" and "community cohesion" have a bearing on national security. Even if this is accepted, it cannot be enough to place them in the national security reservation. It might as easily be argued that poverty has a bearing on national security, and that policies to deal with it are therefore reserved to Westminster.
What Others Say
"The fact that the Government is still struggling to define the ‘extremism’ they want to ban should be a clear indication that this legislation has no place in a liberal democracy." - statement by Liberty, 18 May 2016
"As an extension of the failed PREVENT strategy, this Bill will further exacerbate the chilling effect on open debate, free speech and political dissent." - response by CAGE, 19 May 2016
"Plans by the government announced in today's Queen's Speech to introduce a new law against non-violent extremism represent a direct attack on civil liberties and Britain's Muslim communities." - press release from IHRC, 18 May 2016
"We don’t want to be the thought police, we absolutely don’t want to be the thought police." - Simon Cole, police lead for the Prevent programme, 24 May 2016
